Huckaby v. State

Full title: HUCKABY v. THE STATE

Court: Court of Appeals of Georgia

Date published: Feb 5, 1973

195 S.E.2d 688 (Ga. Ct. App. 1973)

195 S.E.2d 688

Opinion

47776.

SUBMITTED JANUARY 5, 1973.

DECIDED FEBRUARY 5, 1973.

Appellate procedure. Fulton Criminal Court. Before Judge Cheeley from Gwinnett State Court.

Hester Hester, Frank B. Hester, Richard M. Hester, for appellant.

Hinson McAuliffe, Solicitor, James L. Webb, Ernest J. Hughie, Frank A. Bowers, for appellee.

HALL, Presiding Judge.

The defendant has filed a notice of appeal from a ruling of the trial court refusing to allow the introduction of evidence to "correct" the trial transcript for the purpose of appeal under Code Ann. § 6-805 (f, g).

Aside from the fact that the evidence concerned matters which did not transpire in the trial court, the appeal is over. The judgment was affirmed in this Court and two motions for rehearing have been considered and denied. Huckaby v. State, 127 Ga. App. 439 ( 194 S.E.2d 119). The rulings made there are binding and conclusive. Allen v. Schweigert, 113 Ga. 69 ( 38 S.E. 397); Code Ann. § 81A-160 (h).

Appeal dismissed. Evans and Clark, JJ., concur.

HALL, Presiding Judge.

SUBMITTED JANUARY 5, 1973 — DECIDED FEBRUARY 5, 1973.